Texas Government Code 54.1955 – Powers
Text of subsection effective until January 01, 2025
(a) Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a case alleging a violation of § 25.093, Education Code, and assess a fine or court costs or order community service in satisfaction of a fine or costs in accordance with Article 45.049, Code of Criminal Procedure;
(9) for a violation of § 25.093, Education Code, enter an order suspending a sentence or deferring a final disposition that includes at least one of the requirements listed in Article 45.051, Code of Criminal Procedure;
(10) for an uncontested adjudication of truant conduct under § 65.003, Family Code, accept a plea to the petition or a stipulation of evidence, and take any other action authorized under Chapter 65, Family Code; and
(11) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the referral order, including the entry of an order that includes at least one of the remedial options in § 65.103, Family Code.
Text of subsection effective on January 01, 2025
Terms Used In Texas Government Code 54.1955
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Rule: includes regulation. See Texas Government Code 311.005
- Summons: Another word for subpoena used by the criminal justice system.
- Swear: includes affirm. See Texas Government Code 311.005
(a) Except as limited by an order of the county judge, a magistrate appointed under this subchapter may:
(1) conduct hearings;
(2) hear evidence;
(3) issue summons for the appearance of witnesses;
(4) examine witnesses;
(5) swear witnesses for hearings;
(6) recommend rulings or orders or a judgment in a case;
(7) regulate proceedings in a hearing;
(8) accept a plea of guilty or nolo contendere in a case alleging a violation of § 25.093, Education Code, and assess a fine or court costs or order community service in satisfaction of a fine or costs in accordance with Article 45A.254, Code of Criminal Procedure;
(9) for a violation of § 25.093, Education Code, enter an order suspending a sentence or deferring a final disposition that includes at least one of the requirements listed in Subchapter G, Chapter 45A, Code of Criminal Procedure;
(10) for an uncontested adjudication of truant conduct under § 65.003, Family Code, accept a plea to the petition or a stipulation of evidence, and take any other action authorized under Chapter 65, Family Code; and
(11) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the referral order, including the entry of an order that includes at least one of the remedial options in § 65.103, Family Code.
(b) With respect to an issue of law or fact the ruling on which could result in the dismissal of a prosecution under § 25.093, Education Code, or a case of truant conduct under § 65.003, Family Code, a magistrate may not rule on the issue but may make findings, conclusions, and recommendations on the issue.